Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY

Access to this Website and the services available through this Platform are subject to the following terms. By using the Services, you are agreeing to all the Terms of Service, as we may update from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

If you are not eligible to access or use the Services, or you do not agree to any of these Terms, then you do not have our permission to access or use the ACTIVE SOCCER KIDS Services.

These Terms refer to and incorporate the following additional documents/terms, which also apply to your use of the Service:

Our Privacy Policy which can be found on our website (www.activesoccerkids.com) (the “Privacy Policy”), which sets out the terms on what personal data we may collect from you or that you provide to us, how we process any such personal data, and with whom we share that information. Our Privacy Policy also provides information about the use of cookies with respect to the Services.
Any special terms which apply to particular the service offerings (“Special Terms”). You will be notified of such Special Terms and your use of such service offerings will be subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Any inconsistency between these Terms and the Special Terms, the Special Terms will to that extent take precedence); and
All additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services from time to time.

CHANGES TO THESE TERMS OF SERVICE

At any time, we may change these Terms in our sole discretion. If a change to these Terms materially changes your rights or obligations, ACITVESOCCERKIDS LLC will make reasonable efforts to notify you of the change, including without limitation, by posting the updated Terms on the ACITVESOCCERKIDS LLC Websites, a message sent to your email address, if you have one on file, or the Services may generate a pop-up or similar notification when you log in for the first time after such material changes are made. Immaterial modifications are effective upon publication. Material modifications are effective 40 days after they are made available through the Services, except that disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your continued use of the Services after revised Terms have become effective indicates that you have read, understood, and agreed to the revised version of these Terms. If you don’t agree to be bound by the updated Terms, then you may no longer use the Services anymore.

ELIGIBILITY AND AUTHORITY

You must be at least 18 years of age, or the age of legal majority in your jurisdiction of residence, to purchase Services for your child/children. By agreeing to these Terms, you hereby agree to the waiver and release set forth in these Terms and that you represent and warrant that:

(a) You are at least 18 years of age (or the age of legal majority in your jurisdiction of residence);

(b) You are the child/children’s participant’s parent/guardian,

(d) You have not previously been suspended or removed from the Services; and

(e) Your registration and your use of the Service follows all applicable laws and regulations applicable to you. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. The right to access and use the Services may be revoked at any time where these Terms and/or use of the Services is prohibited or conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party.

PROHIBITED CONDUCT

By using the Services, you agree not to:

Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
Use the Services in connection with research, development, or offering any service that competes with the Services.
Obtain, attempt to obtain, or redistribute any Materials (defined below) or information available through the Services through any means not intentionally made available by ACTIVE SOCCER KIDS, including by any form of automated access, scraping, or similar process, without ACTIVESOCCERKIDS LLC express written permission.
Infringe, misappropriate, violate, or encourage others to infringe, misappropriate, violate, any right of a third party, including by infringing or misappropriating third party intellectual property rights or rights of publicity or privacy.
Post, upload, submit or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise offensive or inappropriate.
Interfere with security-related features of the Services, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service, except to the extent that the activity is expressly permitted by applicable law notwithstanding this limitation.
Interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Services; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;
Perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth.
Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
Attempt to do any of the acts described in this section or assist or permit any person to engage in any of the acts described in this section.

We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

CHANGES TO THE SERVICE

We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all this Website.

CANCELLATION OF SERVICE

You may cancel your service at any time by contacting customer service at activesoccerkids@gmail.com. Our Terms and Conditions May Apply

TERMINATION

These Terms begin on the date you first use the Services and continue if you have an account with us and/or continue to use the Services. We may, in our sole discretion, suspend, disable, or end your rights under these Terms (including account deletion) immediately and without notice if:

We determine, in our sole discretion, that the continued attendance of your child in the Services is not in the best interest of the child or the Services.
You violate any provision of these Terms.
Your conduct or User Content would tend to damage our reputation or goodwill.
We no longer provide any part of the Services.
We suspect or become aware that your use of the Services is unsuitable, for example in circumstances where we suspect or become aware of fraud, misrepresentation or conduct designed to mislead us; or
For reasons outside our control.

You acknowledge and agree that if we end your rights under these Terms, we may immediately deactivate or delete your account and all related information in your account and you must immediately stop all activities authorized by these Terms, including your access to and use of the Service. Further, you agree that, to the extent permitted by applicable law, neither ACTIVE SOCCER KIDS nor Seller will be liable to you or any third party for any termination of your access to the Service. If we delete your account, you may not re-register for or use the Services under any other username or profile and we reserve the right to block your access to the Services to prevent re-⁠registration.

Upon termination of these Terms all licenses granted to you herein will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Release, Ownership; Proprietary Rights, Dispute Resolution and Arbitration, Governing Law, and all general provisions.

In the event of account deletion for any reason, User Content may no longer be available and ACTIVE SOCCER KIDS is not responsible for the deletion or loss of such User Content. For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all physical and digital classes and any other Content or features provided through the Services.

USER CONTENT

Release: You grant ACTIVESOCCERKIDS LLC and its agents the right to take and utilize photographs, videos, or any type of recordings of participating child/children and their parents, caregivers, or anyone accompanying them while engaged in the Services. You consent to ACTIVESOCCERKIDS LLC use of all such photographs, videos, or recordings of you and your child/children for advertising, promotional, or related purposes, and waive all rights to compensation and other rights which may arise as a result (including any rights under N.Y. Civil Rights Law 50 and other similar state laws).

License: “Content” means messages, reviews, photos, audio, video, music, images, text, graphics, software, and other types of works of authorship of any kind, and information or other materials posted, generated, provided, or otherwise made available through the Services. “User Content” means any content that users (including you) provide to be made available through the Services. Content includes, without limitation, User Content. Certain features of the Services may permit users to upload User Content to the Service or to publish User Content on the Service, and from time-to-time users send User Content directly to us or post it on our social media. By uploading, posting, publishing or sending us your User Content, you: (i) represent that you own (or have all rights necessary to grant ACTIVESOCCERKIDS LLC the rights below to) all User Content that you submit to the Services, and that ACTIVE SOCCER KIDS will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content, and (ii) you grant ACTIVE SOCCER KIDS a worldwide, non-exclusive, sublicensable (through multiple tiers), transferable, perpetual, royalty-free, fully-paid right and license to host, store, transfer, display, publicly perform, reproduce, edit, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, on the ACTIVE SOCCER KIDS Website or otherwise in connection with the Service for any purpose whatsoever, commercial or otherwise, without compensation to you. You are solely responsible for your User Content and the consequences of uploading, posting, publishing, or sending us your User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules, and regulations. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content and grant ACTIVE SOCCER KIDS the right to make derivative works from your User Content (including, without limitation, translations). You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Disclaimer: We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. ACTIVE SOCCER KIDS may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against ACTIVE SOCCER KIDS with respect to User Content, to the fullest extent permissible pursuant to applicable law. We expressly disclaim all liability in connection with User Content, to the fullest extent permissible pursuant to applicable law.

FEEDBACK

If you choose to provide input and suggestions regarding the Service (“Feedback”), then you hereby grant ACTIVE SOCCER KIDS an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services, and without any notice, compensation, or other obligation to you.

INDEMNITIES

You agree that you will be responsible for your use of the Services, and you agree to indemnify and hold ACTIVE SOCCER KIDS and its officers, directors, shareholders, employees, agents, attorneys, successors and assigns harmless from and from and against any and all direct and/or third-party claims, liabilities, damages, demands, causes of action, judgments, settlements, costs and expenses (including, without limitation, reasonable outside attorney’s fees and court costs), arising out of or related to: (i) your breach of any of your representations and warranties contained herein, (ii) any acts, whether by omission or commission, by you, which may arise out of, in connection with, or is any way related to, the Services, (iii) any User Content submitted by or on behalf of you, (iv) your violation of these Terms and (v) your violation of any applicable law or regulation.

DISCLAIMERS; NO WARRANTIES

You are responsible for providing your own access to the Services (e.g., computer, mobile device, Internet connection, etc.). ACTIVE SOCCER KIDS has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Services is suitable for all users or that it will continue to be available for any length of time.

THE SERVICE, ALL MATERIALS AVAILABLE ON OR VIA THE SERVICE, AND ALL ITEMS OFFERED FOR SALE OR SOLD THROUGH THE SERVICE, ARE PROVIDED “AS IS” AND ON “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE SOCCER KIDS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, AND (C) ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE AND YOUR CHILD’S USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE.

WITHOUT LIMITING THE FOREGOING, ACTIVE SOCCER KIDS MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICES ARE OR WILL BE PERMITTED IN YOUR JURISDICTION AND WILL BE UNINTERRUPTED OR ERROR-⁠FREE; (B) CONCERNING ANY CONTENT, INCLUDING USER CONTENT AND CONCERNING ANY THIRD PARTY’S USE OF USER CONTENT THAT YOU SUBMIT; AND (C) CONCERNING THIRD PARTY WEBSITES, EVEN IF LINKED TO FROM THE SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) ACTIVE SOCCER KIDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, ECONOMIC OR PURE ECONOMIC LOSSES, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, INABILITY TO USE THE SERVICES OR CONTENT OR OTHER INTANGIBLE LOSSES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND (II) ACTIVESOCCERKIDS LLC TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ACTIVE SOCCER KIDS OVER THE 12 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF ACTIVE SOCCER KID’S LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between ACTIVE SOCCER KIDS and you. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

RELEASE PARTIES

You certify that your child has no known medical or other conditions that could interfere with his/her participation in the ACTIVESOCCERKIDS LLC activities and/or any programs conducted by US. You also understand and accept that the practice of soccer, whether on a public site or in one’s home, involves certain risks of physical injury. Therefore, you, individually and on behalf of my child, hereby release, discharge, and hold harmless ACTIVE SOCCER KIDS and each of its respective parent, subsidiaries, and affiliated companies, and each of their respective officers, directors, agents, representatives, coaches, and contractors (hereinafter, the “Released Parties“) from any and all claims, actions, damages, losses, liabilities, costs and expenses of any kind whatsoever, including but not limited to any claims of negligence, arising out of, resulting from, by reason of, or in connection with my child’s participation in the Services, ACTIVESOCCERKIDS LLC activities and/or any programs conducted by ACTIVE SOCCER KIDS. You agree that you will not bring or be a party to any legal action or claim against the Released Parties, or any of them, based upon or arising out of your child’s participation in in the Services, ACTIVESOCCERKIDS LLC activities and/or any programs conducted by ACTIVE SOCCER KIDS on any legal theory whatsoever (including without limitation personal injury, negligence, rights of privacy and publicity, or defamation).

In the event that you have a dispute with ACTIVE SOCCER KIDS regarding the Services, ACTIVESOCCERKIDS LLC activities and/or any programs conducted by ACTIVE SOCCER KIDS regardless of the nature of such dispute, to the maximum extent permitted by applicable law you release ACTIVE SOCCER KIDS and each of its respective parent, subsidiaries, and affiliated companies, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees, from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

THE HEALTH AND FITNESS INFORMATION PROVIDED IN THE SERVICES IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY AND THE USE OF SUCH INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING YOUR CHILD ON A NEW FITNESS PROGRAM.

VERY IMPORTANT PLEASE READ

Soccer is a physical, contact, sport that involves the risk of injury. I assume all risks and hazards associated with my participation in the sport. I am in proper physical condition to participate in soccer practices and games and have no illness, disease or existing injury or physical defect that would be aggravated by my participation. I will inform my coach if this status changes. I further acknowledge that this risk may involve loss or damage to me or my property, including the risk of death, or other unforeseen consequences, including those which may be due to the unavailability of immediate emergency medical care. I have a current medical consent in force. I will wear shinguards, properly-fitted and appropriate shoes, and other protective equipment (e.g., mouth-pieces), as provided by soccer rules, to all events.

We DO NOT have personal injury insurance that covers participations. Therefore, you should have a current, active, personal injury insurance policy in force, which covers your participation. Under any condition, we are responsible for any and all medical expenses arising from your participation, both in practices and games and while travelling to and from these events. We have the right and responsibility to inspect the equipment and facilities prior to events and, if we believe that anything may be unsafe, we will advise the coach or supervisor of the condition and may refuse to participate. Participation assumes consent.

Your Consent Relaease Agreement

I authorize my photograph, picture or likeness, and voice to appear in any documentary, promotion (including advertising), television, website, video, or radio coverage of the league or tournament, without compensation.

I authorize that an unaltered copy of this form may be generated and given to the officers or directors of other groups in order to allow my participation in their soccer programs, if the form is required and I have requested to participate.

I hereby release, waive liability, discharge, hold harmless, indemnify, and covenant not to sue, the United States Soccer Federation, the State Association, the Club, the league and tournament, their associated directors, administrators, officers, managers, employees, coaches, trainers, volunteers, sponsors and advertisers, and other agents, estates or executors, from any and all liability incurred in the conduct of, and my participation in, their soccer programs. This includes owners, lessors, and lessees of premises, municipalities, government agencies, successors, heirs, and assigns.

I have read this document and fully understand its contents. I acknowledge that I have given up substantial rights by accepting this document and that I do so voluntarily. My signing up attests to this on behalf of myself and my executors, personal representatives, administrators, heirs, next-of-kin, successors, and assigns.

DISPUTE RESOLUTION AND ARBITRATION

Generally: In the interest of resolving disputes between you and ACTIVE SOCCER KIDS in the most expedient and cost-effective manner, you and ACTIVE SOCCER KIDS agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ACTIVE SOCCER KIDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions and Opt-Out: Despite the provisions of the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. You have the right to opt out of arbitration entirely and litigate any disputes between you and ACTIVE SOCCER KIDS if you provide us with written notice of your desire to do so by regular mail sent to the attention of Legal at the ACTIVE SOCCER KIDS address set out in the “Notices” section below within 30 days following the date you first agree to these Terms.

Process: If you and ACTIVE SOCCER KIDS are unable to resolve a dispute after meeting and attempting in good faith to reach a negotiated resolution, such dispute shall first be mediated by a retired judge or justice of any New York state or federal court. If the parties are unable to agree upon a mediator, either party may apply to the New York office of JAMS/Endispute, or its successor (“JAMS”) for the appointment of a mediator from a panel of retired judges and justices maintained by that organization.

If the Parties are unable to resolve their dispute by mediation, then either party may initiate arbitration of such dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedure in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New York County, New York before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Any appeal shall be heard and decided by a panel of three neutral arbitrators. The neutral arbitrator and the members of any Appeal Panel shall be retired judges or justices of any New York state or federal court. If either Party refuses to perform any or all its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other Party may enforce the final award in any court of competent jurisdiction in New York County.

Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard in a court of competent jurisdiction in New York County. If a Party believes in good faith that all or part of a dispute, or any claim for relief or remedy sought, is not subject to arbitration under then-prevailing law, then that Party may seek a determination to that effect from an appropriate court. If the court determines that the matter is not arbitrable or that the remedy sought is not available in arbitration, then the specific matter or request for remedy in question may be resolved by the court. All other matters and claims for relief shall be subject to arbitration as set forth above.

No Class Actions: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOU AND ACTIVE SOCCER KIDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ACTIVE SOCCER KIDS agree otherwise, neither JAMS nor the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding for any purpose.

Modifications: If ACTIVE SOCCER KIDS makes any future change to this arbitration provision (other than a change to ACTIVESOCCERKIDS LLC address for Notice), you may reject the change by sending us written notice within 40 days of the change to ACTIVESOCCERKIDS LLC address for Notice, in which case your account with ACTIVE SOCCER KIDS will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.

Enforceability: If the “No Class Actions” section above is found to be unenforceable or if the entirety of this “Dispute Resolution and Arbitration” section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in section will govern any action arising out of or related to these Terms.

GOVERNING LAW

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and ACTIVE SOCCER KIDS agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

NO WAIVER

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

OUR CONTACT INFORMATION

You may contact us by:

Email at activesoccerkids@gmail.com; or
Call us at (914) 689-6374

ENTIRE AGREEMENT

In the event of a conflict between any policies posted on the Services and these Terms, these Terms will control. These Terms represents the entire understanding between ACTIVESOCCERKIDS LLC and you regarding the Services or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except as expressly permitted above, these Terms may be amended only by a written agreement by the parties.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by an arbitrator and/or any court of competent jurisdiction, that term will be deleted from these Terms. No failure or delay by ACTIVESOCCERKIDS LLC in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ACTIVESOCCERKIDS LLC. ACTIVESOCCERKIDS LLC rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without ACTIVESOCCERKIDS LLC prior written consent. ACTIVESOCCERKIDS LLC may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. Nothing herein shall give or is intended to give any rights of any nature to any third party.

Log Files

Like many other Web sites, Activesoccerkids.com makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date or time stamp, referring or exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Cookies and Web Beacons

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Activesoccerkids.com uses cookies to help identify and track visitors, their usage of Activesoccerkids.com websites, and their website access preferences. Activesoccerkids.com visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Activesoccerkids.com websites, with the drawback that certain features of websites may not function properly without the aid of cookies.

DoubleClick DART Cookie

.:: Google, as a third party vendor, uses cookies to serve ads on Activesoccerkids.com.
.:: Google’s use of the DART cookie enables it to serve ads to users based on their visit to Activesoccerkids.com and other sites on the Internet.
.:: Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at Google
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Updated on May 13, 2021